- 14 - v. Commissioner, 6 B.T.A. 617 (1927); Stringer v. Commissioner, 84 T.C. 693 (1985), affd. 789 F.2d 917 (4th Cir. 1986). The importance of a brief is underscored in a case such as the one currently before us where the contentions advanced by petitioner are ill-defined and his testimony is vague and largely unhelpful. At the close of the trial, petitioner was specifically requested by the Court to include and explain in his opening brief each item that respondent used in reconstructing petitioner’s income with which he disagreed. Petitioner, however, failed to file a brief.6 When a party fails to file a brief altogether, such failure has been held by this Court to justify the dismissal of all issues as to which the nonfiling party has the burden of proof. See Stringer v. Commissioner, supra. While we are unwilling to enter a default judgment against petitioner in this case for failure to file a brief, we view his failure as an indication of petitioner’s tenuous position with regard to the issues in question. A. Validity of Petitioner’s Tax Returns Section 6061 requires that an individual income tax return be signed “in accordance with forms or regulations prescribed by the Secretary.” In order for an agent to sign an individual income tax return for a taxpayer, it must be done in a manner authorized by U.S. Treasury Regulations. See sec. 1.6061-1(a), 6 As an experienced trial attorney, petitioner’s failure to file a brief is especially egregious.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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